A 64-year-old wheelchair bound shebeen queen who screamed rape after being caught in the act with a younger man by her granddaughter faked it, the court was told.

Regional magistrate Mark Dzira said through cross examination, the alleged victim's daughter-in-law had told the court that her mother-in-law and 29-year-old Nobert Zingovo had known each other for a long time.

"From the evidence led, the victim's daughter-in-law said Zingovo and his alleged victim would drink beer together till late hours and the two had known each other for years, calling each other with knicknames. The victim could have raised alarm if indeed it was true that she was being raped. This court has concluded that there was consensual sex between the two. The victim could have freaked out when she realised that they had been caught in the act by her granddaughter hence she decided to fake rape. Under those circumstances, the accused is given a benefit of the doubt and accordingly is found not guilty and acquitted," ruled magistrate Dzira.

26-year-old Nobert Zingovo of Emganwini, who didn't mind having sex with a 64-year-old wheelchair bound granny, had appeared before regional magistrate Mark Dzira charged with rape. He stood accused of forcing himself on the shebeen queen, but promptly fell asleep afterwards. Police had an easy task arresting him while he was still in the blankets, sleeping.

In his defence, Zingovo argued that the alleged victim consented to sex.

"I didn’t rape her. In fact, she is actually the one who started it all when she came to my room while I was asleep and started touching my private parts and I then woke up as a result. She asked me to sleep with her and while we were in the middle of the sexual intercourse, her granddaughter walked in and we stopped. She was actually embarrassed that her granddaughter had caught us and decided to frame charges against me," he said.

Had the magistrate not picked up that Zingovo was indeed telling the truth, he probably was going to be slapped with anything ranging from 10 to 15 years in prison.